Sipho Mabena

By Sipho Mabena

Premium Journalist

Mapisa-Nqakula points Holomisa to court over evidence ‘missed’ by Zondo Commission

The National Assembly speaker has advised Bantu Holomisa to utilise judicial processes over his complaint.

National Assembly Speaker Nosiviwe Mapisa-Nqakula has advised United Democratic Movement (UDM) leader Bantu Holomisa to take his request, for a retired judge to look into his complaint that evidence submitted by his party to the Zondo Commission was ignored, to court.

The UDM leader wrote to Mapisa-Nqakula following reports alleging that an explosive affidavit was disregarded by the commission implicating several high-profile individuals and politicians in corruption.

‘Missing evidence’

In the letter, Holomisa, a Member of Parliament, said the Sunday Independent report contained serious allegations that needed to be probed further.

ALSO READ: Holomisa calls on Parly to consider appointing retired judge to probe evidence missed by Zondo Commissionisa

He said the UDM also submitted its own evidence on “the real mastermind behind state capture” to the commission, chaired by Chief Justice Raymond Zondo, in a 56-page correspondence on 23 September 2020.

Parliament spokesperson Moloto Mothapo on Sunday said the National Assembly speaker advised Holomisa to utilise judicial processes to challenge what he purports to be missing evidence from the judicial commission.

The UDM leader had written to Mapisa-Nqakula requesting her to appoint a retired judge to establish facts about evidence submitted to the state capture commission, claiming it never made it into the final report or was never considered.

Speaker has no such powers

In her reply, the speaker clarified that she had no authority to appoint a commission of inquiry, as that is the responsibility of the president, as provided for in the Constitution.

“Furthermore, the Speaker does not have the authority to appoint a retired judge to interrogate the report of the State Capture Commission. Section 84(1)(f) of the Constitution grants the President of the Republic the power to appoint Commissions of Inquiry. A Commission is established to inquire and establish facts, and ultimately to render advice to those who established,” Mothapo said in a statement.

He said Mapisa-Nqakula has further referred Holomisa to discussions in the National Assembly Rules Committee on how Parliament will process the State Capture Report.

RELATED: State Capture: Parliament’s response plan to Zondo Commission to be discussed

The process agreed upon in the rules committee, Mothapo explained, does not include challenging the correctness or otherwise of the commission’s report.

He said the speaker pointed out that the findings and recommendations of commissions should be challenged in court through a judicial process.

“[Mapisa-Nqakula] concluded by encouraging all Members of Parliament and Parliamentary structures to remain vigilant in carrying out the constitutional oversight obligation of Parliament. She expressed hope that such institutional processes would also help address the concerns expressed by Holomisa,” Mothapo added.

Fighting fires

Zondo and the commission are currently fighting off former State Security Agency (SSA) director-general Arthur Fraser’s review of the final reports.

The commission was scathing against Fraser and recommended, among others, that a criminal case be reopened against him over the controversial Principal Agent Network (PAN) programme.

He filed papers in the high court in Pretoria in December, asking that the commission’s reports be reviewed and set aside or that all the findings and recommendations relating to him be thrown out.

In August News24 revealed that Mineral Resources and Energy Minister Gwede Mantashe had gone to court to challenge the commission’s damning findings against him.

He is reportedly taking legal action against Zondo in an effort to prove that the commission had acted beyond its mandate when it recommended that he be investigated for corruption because Bosasa had installed security cameras at his three houses.

NOW READ: Zondo-Commission-report-an-important-omission

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